As a general rule, invention assignment agreements should be drafted to include language that mirrors the requirements of the seven states identified above because that will ensure the agreement is enforceable in those states and most others.
Variations can be drafted for Nevada, Utah and any other states that may enact unique restrictions.
Intellectual property assets are the lifeblood of many businesses today.
No employer wants to see those assets walk out the door when an employee leaves.
Employment Law is a broad area which governs the employer-employee relationship.
Employment Law Assignment
It is made up of both state and federal laws and includes many different subjects with the common goal to protect workers' rights.For example, California Labor Code § 2870 provides: Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or (2) Result from any work performed by the employee for the employer.The California statute and others also typically require the employer to notify the employee that the invention assignment agreement does apply to an invention that does not qualify as the employer’s invention under the statute.Likenesses do not necessarily imply current client, partnership or employee status.Law students pursuing their degree course in various global universities often face challenges in completing their Employment Law assignment writing task as the concepts included in this subject are not easy to comprehend and compose an academic paper on.Employee invention assignment agreements are one crucial tool for protecting intellectual property, but the laws governing them contain traps for the unwary.If the agreement is too narrow or ambiguous, it may allow inventions to slip away.This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only.It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice.In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites.In some jurisdictions, the contents of this blog may be considered Attorney Advertising.